Case Number: ADJ-00000011. Workplace Relations Commission

CourtWorkplace Relations Commission
Docket NumberADJ-00000011
Date26 April 2016
PartiesAn Employee -v- An Employer

In accordance with Section 80 of the Workplace Relations Act, 2015 and Section 8(1) of the Unfair Dismissals Act, 1977, following the referral of the complaint to me by the Director General, I inquired into the complaint and gave the parties an opportunity to be heard by me and to present to me any evidence relevant to the complaint

Complainant’s Submission and Presentation:

The complainant commenced working with the Respondent on the 18th November, 2013. The complainant worked on the water meter installation project. That project, due to the number of protests did not run smoothly, however the complainant stated that despite that, there was lots of work.

In or around 2015 the complainant was informed by his brother, who also worked for the Respondent that the Respondents were shortening their crews and as a result would have to let staff go. He received a letter to that effect on the 02.04.2015 stating :

“due to diminished work load we have to let a number of operatives go’

A couple of weeks following his redundancy, he was informed informally by a foreman who worked for the Respondent that things were not as bad as first thought and in fact they had moved from the water project to the to the Luas project. One employee who the complainant believed was made redundant was actually working on the Luas project. The complainant states that a genuine redundancy situation did not exist in the company and despite the complainant being told that all employees who worked on his project positions were being made redundant, they were not. It is in those circumstances that he states a genuine redundancy situation did not exist at the material time.

Furthermore, he argues that here was no consultation process prior to the redundancy.

The claimant had sustained an injury just prior to the redundancies. It is alleged by him that this was the company’s way of getting rid of him.

The respondent’s allegation that the complainant left his employment without giving notice was denied by the complainant. Following the respondents evidence they conceded that that in fact was a mistake and withdrew the allegation.

Respondent’s Submission and Presentation:

The Respondent worked on the water meter project. They started with about 30 to 35 people in August 2013. In October 2013 they got an opportunity to place more workers on the same project with a different company. On the 18/11/2013 the complainant started working with the Respondent in relation to the second contract. The...

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